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German Federal Republic 2012

constituteproject.org
PDF generated: 26 Aug 2021, 16:29
Page 58
Germany 1949 (rev. 2012)
2.
Should it be necessary for the Joint Committee to elect a new Federal
Chancellor, it shall do so by the votes of a majority of its members; the Federal
President shall propose a candidate to the Joint Committee. The Joint
Committee may express its lack of confidence in the Federal Chancellor only by
electing a successor by a two-thirds majority of its members.

Legislative committees
3.
The Bundestag shall not be dissolved while a state of defence exists.

Emergency provisions
Article 115i: [Powers of the Land governments]

Subsidiary unit government
1.
If the competent federal bodies are incapable of taking the measures necessary
to avert the danger, and if the situation imperatively calls for immediate
independent action in particular areas of the federal territory, the Land
governments or the authorities or representatives they designate shall be
authorised, within their respective spheres of competence, to take the measures
provided for in paragraph (1) of Article 115f.
2.
Any measures taken in accordance with paragraph (1) of this Article may be
rescinded at any time by the Federal Government, or, with respect to Land
authorities and subordinate federal authorities, by Minister-Presidents of the
Länder.
Article 115k: [Rank and duration of emergency provisions]
1.
Laws enacted in accordance with Articles 115c, 115e and 115g, as well as
statutory instruments issued on the basis of such laws, shall suspend the
operation of incompatible law so long as they are in effect. This provision shall
not apply to earlier law enacted pursuant to Articles 115c, 115e or 115g.
2.
Laws adopted by the Joint Committee, as well as statutory instruments issued
on the basis of such laws, shall cease to have effect no later than six months after
the termination of a state of defence.

Legislative committees
3.
Laws containing provisions that diverge from Articles 91a, 91b, 104a, 106 and
107 shall apply no longer than the end of the second fiscal year following the
termination of a state of defence. After such termination they may, with the
consent of the Bundesrat, be amended by a federal law so as to revert to the
provisions of Titles VIIIa and X.

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